Bill Text: PA HB522 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for workers compensation benefits for certain emergency medical services personnel.

Spectrum: Moderate Partisan Bill (Republican 13-3)

Status: (Introduced - Dead) 2011-02-08 - Referred to LABOR AND INDUSTRY [HB522 Detail]

Download: Pennsylvania-2011-HB522-Introduced.html

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PRINTER'S NO. 489
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 522 Session of2011
INTRODUCED BY MUSTIO, CLYMER, GINGRICH, KORTZ, MARSHALL, PAYNE, REICHLEY, ROAE, STERN, TALLMAN, VULAKOVICH, WAGNER AND MILLER, FEBRUARY 8, 2011
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 8, 2011
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
reenacted and amended, "An act defining the liability of an
employer to pay damages for injuries received by an employe
in the course of employment; establishing an elective
schedule of compensation; providing procedure for the
determination of liability and compensation thereunder; and
prescribing penalties," further providing for workers
compensation benefits for certain emergency medical services
personnel.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 601(a)(1), (2) and (3) and (c) of the act
of June 2, 1915 (P.L.736, No.338), known as the Workers'
Compensation Act, reenacted and amended June 21, 1939 (P.L.520,
No.281) and amended July 11, 1980 (P.L.577, No.121), are amended
to read:
Section 601. (a) In addition to those persons included
within the definition of the word "employe" as defined in
section 104, "employe" shall also include:
(1) members of volunteer fire departments or volunteer fire
companies, including any paid fireman who is a member of a
volunteer fire company and performs the services of a volunteer
fireman for another department or company during off-duty hours,
who shall be entitled to receive compensation in case of
injuries received while actively engaged as firemen or while
going to or returning from a fire which the fire company or fire
department attended including travel from and the direct return
to a fireman's home, place of business or other place where he
shall have been when he received the call or alarm or while
participating in instruction fire drills in which the fire
department or fire company shall have participated or while
repairing or doing other work about or on the fire apparatus or
buildings and grounds of the fire company or fire department
upon the authorization of the chief of the fire company or fire
department or other person in charge or while answering any
emergency calls for any purpose or while riding upon the fire
apparatus which is owned or used by the fire company or fire
department or while performing any other duties of such fire
company or fire department as authorized by the responding
municipality or while performing duties imposed by section 15,
act of April 27, 1927 (P.L.465, No.299), referred to as the Fire
and Panic Act;
(2) [all] members of volunteer [ambulance corps of the
various municipalities who shall be and are hereby declared to
be employes of such] emergency medical services agencies, as
provided for under 35 Pa.C.S. § 8103 (relating to definitions),
who are volunteers, including any paid emergency medical
responder who is a member of a volunteer emergency medical
services agency and performs the services of a volunteer
emergency medical responder for another agency during off-duty
hours, are employes of the responding municipality for the
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purposes of this act who shall be entitled to receive
compensation [in the case of] for injuries received while
[actually engaged as ambulance corpsmen] in the performance of
their duties as emergency medical responders or while going to
or returning from any fire, accident, or other emergency which
such [volunteer ambulance corps] emergency medical responder
shall attend including travel from and the direct return to a
[corpsman's] emergency medical responder's home, place of
business or other place where he shall have been when he
received the call or alarm; or while participating [in ambulance
corps] with an emergency medical services agency of which they
are members; or while repairing or doing other work about or on
the ambulance apparatus or buildings and grounds of such
[ambulance corps] emergency medical services agency upon the
authorization of the [corps] agency's president or other person
in charge; or while answering any emergency call for any purpose
or while riding in or upon the ambulance apparatus owned by the
[ambulance corps] emergency medical services agency of which
they are members at any time or while performing any other
duties of such [ambulance corps] emergency medical responder as
are authorized by the municipality;
[(3) members of volunteer rescue and lifesaving squads of
the various municipalities who shall be and are hereby declared
to be employes of such municipalities for the purposes of this
act and who shall be entitled to receive compensation in the
case of injuries received while actually engaged as a rescue and
lifesaving squad member attending to any emergency to which that
squad has been called or responded including travel from and the
direct return to a squad person's home, place of business or
other place where he shall have been when he received the call
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or alarm or while participating in rescue and lifesaving drills
in which the squad is participating; while repairing or doing
other work about or on the apparatus, buildings and grounds of
such rescue and lifesaving squad upon the authorization of the
chief or other person in charge; or while riding in or upon the
apparatus of the rescue and lifesaving squad and at any time
while performing any other duties authorized by the
municipality;]
* * *
(c) Whenever any member of a volunteer fire company,
volunteer fire department, volunteer [ambulance corps] emergency
medical services agency, or rescue and lifesaving squad is
injured in the performance of duties in State Parks and State
Forest Land, [they] the member shall be deemed to be an employe
of the Department of Environmental Resources.
* * *
Section 2. Section 602 of the act, added June 19, 2002
(P.L.419, No.60), is amended to read:
Section 602. (a) The following shall apply:
(1) A municipality or an area of a municipality which
receives emergency services pursuant to a contract, standing
agreement or arrangement from a volunteer emergency service
provider located in a host or responding municipality shall
reimburse the host municipality under the provisions of either
clause (2) or (3).
(2) Reimbursement under clause (1) shall be for a portion of
the cost of the workers' compensation premiums covering the
members of the volunteer emergency service provider. The
appropriate portion of the cost shall be determined as follows:
(i) Determine the population ratio of the municipality or
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the area of the municipality receiving emergency services to the
entire population (host or responding municipality and the
municipality or the area of the municipality) receiving
emergency services from the volunteer emergency service
provider. The following shall apply:
(A) No segment of the population of the municipality or area
of the municipality receiving emergency services may be included
in more than one service area for purposes of calculating the
ratio under subclause (i).
(B) If the first due area for fire protection services and
the first due area for emergency medical services differ within
a municipality or an area of a municipality receiving emergency
services, then the ratio under subclause (i) shall be calculated
using the first due area for fire protection services.
(ii) Multiply the ratio under subclause (i) by the host or
responding municipality's entire cost of the workers'
compensation premium for covering volunteer members of the
volunteer emergency [service] services provider.
(3) The host or responding municipality and the municipality
receiving the emergency services may agree to share the cost on
some other basis.
(b) As used in this section:
"Emergency services" shall mean any of the following:
(i) Fire protection services.
[(ii) Ambulance services.]
(iii) Emergency medical services.
[(iv) Quick response services.]
(v) Emergency management services.
[(vi) Rescue and lifesaving services.]
(vii) Hazardous material support services.
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(viii) Certified hazardous materials response services.
"Host or responding municipality" shall mean a municipality
that is responsible for workers' compensation premiums for an
emergency service provider located within its corporate
boundaries.
"Volunteer emergency service provider" shall mean any of the
following:
(i) A volunteer fire company.
(ii) [A volunteer ambulance corps] An emergency medical
services agency as defined under 35 Pa.C.S. § 8103 (relating to
definitions.
[(iii) A volunteer quick response service.
(iv) A volunteer rescue and lifesaving squad.]
(v) A volunteer hazardous materials support team.
(vi) A volunteer certified municipal emergency management
coordinator.
(vii) A volunteer hazardous materials response team.
Section 3. This act shall take effect immediately.
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